Comp time instead of Overtime Law Cancel The title field is required!

1. Melvin Waldron

   

   43 posts
   
   5/3/2017 11:05 AM

   Curious as to everyone's thoughts on this new law being proposed.
   
   I believe due to us being government workers, we already will get comp time instead of OT, but we do receive 1.5 hours for any hour worked. The link I provided shows them only giving 1 hour of time for one hour of worked overtime.
   
   My opinion is I like the idea, especially in our season line of work, but I do not like the hour for hour. Some of my guys like the idea as well, (they don't know the specifics yet).
   
   Looking to see more details. Of course those that rely on the extra cash probably wouldn't like it. I wouldn't mind also seeing the workers have some option, for example, when I worked at a county in NJ, there was money budgeted for OT, guys could work for OT money until it ran out, then they would have to work for comp time. I had a mechanic that would mow greens on Saturdays, he would take OT money one week, comp time the next....well until that year his daughter was getting married.
   
   http://www.cpapracticeadvisor.com/news/ ... me-instead
   
   Thanks!
   
   Mel

   
   Melvin H. Waldron III, CGCS, Horton Smith Golf Course, City of Springfield/Greene County MO
   
   
2. Clay Putnam

   

   33 posts
   
   5/4/2017 4:05 AM

   As a rule, I'm not a fan of comp time. It's spending money that one doesn't have on hand. I understand it and the need to use it from time to time, but it can get out of hand and come back to be a heavy financial burden. A labor credit card, if you will. I prefer to pay the staff what they earned when they earned it.

   
   
   
   
3. Frank McQuiggan

   

   2 posts
   
   5/4/2017 5:05 AM

   When I started at this location a few years ago I opted for the comp time over overtime pay because like this bill says it gives me more time with my family. Plus it was my choice to take comp over pay. Now I put in a bit of overtime throughout the season and then during the down time in the winter months I use my comp time for longer vacations or extra vacations if you would like to say. This bill gives all employees the choice of overtime pay or comp time it doesn't say the company gets to choose the employee chooses what they want. The only thing is people will complain that this gives the employer more say in when you can use it but he is also the one looking at the big picture of personnel. You all know that you have a better idea of what you are doing and when you are planning to do it so you can plan around someone being there or not. You don't have to give it to them the very next week, give them the flexibility to use it when they need to. Yes it might be a little more to track for the payroll people but its not that hard to do.

   
   
   
   
4. Stephen Ravenkamp

   

   1 posts
   
   5/4/2017 8:05 AM

   In theory, comp time in lieu of OT does not seem bad. In practice, some businesses will find it a legal way take advantage of workers:
   - FSLA requires OT to be paid at the rate of 1.5 times regular time. The new regulation only requires comp time at a 1:1 rate.
   - The regulation allows employers to decide when comp time is allowed. Obviously, they are not going to allow it when they are busy so, while the employer can decide when you are required to do OT, the employee has no say in when they can be compensated for it.
   - The regulation allows employers to decide how much comp time can be taken at one time. For example, the employer could decide that comp time can only be taken in one hour increments at the end of each day instead of allowing the employee to take the earned comp time in a block of hours to take a day off.
   
   In actual practice, unlike OT which makes the employer think twice about requiring it because it affects the bottom line, comp time can be used by the employer to abuse workers by requiring OT without equitable compensation. I'm not saying all employers will abuse their workers this way; however, we all know there are employers who will.
   
   The advantage to this change is 100% to the employers.
   - They don't have to pay OT.
   - They don't have to pay the payroll taxes on the OT pay
   - They don't have to consider hiring additional workers instead of paying OT
   - They get to determine when comp time can be taken and how many hours at a time may be taken
   - They get to put a deadline on when comp time hours expire
   
   From the business standpoint, this is a great change. From the fairness standpoint, not so much.

   
   
   
   
5. Frank McQuiggan

   

   2 posts
   
   5/4/2017 9:05 AM

   Maybe I'm missing something here but reading the text of HR 1180 its states:
   
   "(s) Compensatory time off for private employees.—
   
   "(1) GENERAL RULE.—An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section.
   
   "(2) CONDITIONS.—An employer may provide compensatory time to employees under paragraph (1)(A) only if such time is provided in accordance with—
   
   "(A) applicable provisions of a collective bargaining agreement between the employer and the labor organization that has been certified or recognized as the representative of the employees under applicable law; or
   
   "(B) in the case of employees who are not represented by a labor organization that has been certified or recognized as the representative of such employees under applicable law, an agreement arrived at between the employer and employee before the performance of the work and affirmed by a written or otherwise ver­i­fi­a­ble record maintained in accordance with section 11(c)—
   
   "(i) in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary overtime compensation; and
   
   "(ii) entered into knowingly and voluntarily by such employees and not as a condition of employment.
   
   This states that comp time will be paid at the rate of 1 1/2 hours for every hour of overtime worked. Also it states that the employee must agree before to comp time. Be this thru a Labor union or representative So am I reading this wrong.

   
   
   
   
6. Melvin Waldron

   

   43 posts
   
   5/4/2017 10:05 AM

   I went back and double checked the link I posted, I was sure I read a 1 to 1 exchange, not the 1.5 hours earned for 1 hour of ot/comp time, but sure enough it said 1.5 earned to 1 worked. I wonder if that had changed or if I had seen it in another post.
   
   
   I'm attaching the link to the bill, it is only 9 pages:
   
   https://congress.gov/115/bills/hr1180/B ... 1180ih.pdf
   
   Mel

   
   Melvin H. Waldron III, CGCS, Horton Smith Golf Course, City of Springfield/Greene County MO